IP Quick Tip: German vs. US Trademark Law (2020)

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Hello Everyone,

In today’s IP Quick Tip, we will very briefly highlight a couple of key differences between German and US trademark law. What are the most striking differences when filing an application?

Trademark practitioners know that these pertain particularly to the procedural aspects of how to handle filings. Foreign companies require a local representative to act before the German Patent and Trademark Office. They will know what to do, but, nevertheless, it is useful to know some of the main differences.

For example, in the US, the mere use of a trademark in trade is sufficient to establish trademark rights. In Germany, trademarks must be registered.

Also, the US concept that a trademark must already be in use, or that the applicant must have a good faith intention to use the mark in the future, is unknown to German practice. No prior use is needed and no intent to use must be given.

US trademark practice requires a very detailed and specific language for the list of goods and services, whereas, in Germany, general class headings are usually sufficient.

Also, the USPTO reviews applications on both absolute and relative grounds, whereas the German PTO only looks at absolute grounds and does not take into account prior third-party rights.

These are just a few examples of differences between German and US Trademark Law.

If you want to know more, please feel free to contact us or to sign up for our IP Academy, our in-house seminar series.
Please, also feel free to have a look at our brochures providing all details on the formal requirements of obtaining trademark protection in Germany.